Legal Question in Real Estate Law in California
I moved into a condominium complex in which several feral cats are living. I didn't know the extent until I had already moved in. When I asked about them I found that the complex is supporting the colony but this is not mentioned in the Home Owners Association paperwork I signed when I bought the place. Is this legal or should they have mentioned the cats in the HOA documents? Thanks
2 Answers from Attorneys
Not an obligation of the HOA to tell you, and there are many HOA decisions that don't go into the CC&R's and Bylaws. Buying a condo is tricky, because you need to look into all the significant board of directors actions for the past several years. It should have been disclosed by the seller and his agent however, and your agent should have advised you to request and review significant board decisions. If this affects the value of your property, you may have rights against the seller, and maybe his agent and yours. Let me know if you would like to discuss further details. I have a San Jose office.
Whether the cats were/are a sufficient problem to warrant, or to require, disclosure is a question of fact. Maybe yes, maybe no......can't tell from the limited facts given. Therefore, you may have legitimate grounds for legal action or you may face some expenditure of time and expense for no result except to label yourself as the complaining neighbor against a community of cat lovers.